JUDGMENT :

1. The present petition has been filed by petitioner seeking appointment of a Sole Arbitrator under the provisions of Section 11(6) of the Arbitration and Conciliation Act, 1996.

2. Petitioner, a Private Limited Company, incorporated with Companies Act, 1956 and engaged in the business of importing, distribution, marketing and sale of travel-oriented retail products such as packaged food items, books, gifts, confectionery, novelty items, etc. under the brand name “WH Smith” throughout the territory of India.

3. On the other hand, respondent is also a Private Limited Company, incorporated under the Companies Act and is involved in the business of providing logistical and warehousing services.

4. As per the version of petitioner, petitioner and respondent executed the Warehouse Agreement dated 01.02.2016 in which petitioner agreed to engage respondent as a non-exclusive warehousing and logistics service provider. Petitioner transferred to respondent Rs.20,00,000/- via NEFT (NEFT no.N247180145659021). But inadvertently, due to accounting error, an amount of Rs.20,00,000/- was again transferred via NEFT (NEFT no.N264180153590801) to the respondent on the presumption that the sai